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HomeMy WebLinkAbout06-3836 ) ex. -3P3 '- yr7(]) J~ STIPULATION AGAINST LIENS Law OjJices SALZMANN HUGHES. PC 354 Alexander Spring Road, Suite 1, Carlisle, Pennsylvania 17013-3222 THIS AGREEMENT, made and entered into this day of June, 2006 by and between STEVEN D. KIRKPATRICK AND REBECCA M. KIRKPATRICK, of the Commonwealth ofPennsyvlania, party of the first part (hereinafter called Owner), AND NORM ELAM, ofthe Commonwealth ofPeonsyviania, party of the second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed written construction agreement under seal dated prior to execution hereof, for construction and improvements to property located 102 Oakridge Road, Middlesex Township, Cumberland County, Pennsylvania,( see attached exhibit "A"). NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the contract aforesaid and the consideration mentioned thereunder, as well as the further consideration of One ($1.00) Dollar to him in hand pald by the Owner at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub-contractor, materialmen or laborers for work done or materials furnished under said contract or by any other party acting through or under them or any of them for and about said building or buildings or any part thereof, or on credit thereof, and that all sub-contractors, materialmen, and laborers on said work shall look to and hold Contractor personally liable for all sub-contracts, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever agalnst Owner for any work done or labor or materials furnished under said contract for and about the erection, construction and completion of said buildings as aforesaid, or under any contract for extra work, or work supplemental thereto, or otherwise. AND this Agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of said building or buildings as to any work and labor done and materials furnished under the contract aforesaid. AND, in order to give the Owner full power and authority to protect himself and the lot or lots of ground against any and all claims filed by the Contractor or anyone acting under or through him or it in violation of the foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for him, them, it, or any of them, in any of the said Courts of Common Pleas as Attorney for him, them or it and in his, their, its, name, mark satisfied of record at the cost and expense of the Contractor or of any Sub~Contractor or Materialman, or Material men, any and all claims or claim, lien or liens, filed by or for the Contractor, or any Sub-Contractor or Material man, or in his or their name against said building or buildings, lot or lots of ground or any part thereof and for such act or acts this shall be good and sufficient warrant and authority, and a reference to the " Court, Term and Number in which and where this Agreement shall have been filed shall be a sufficient exhibit of the Authority herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, release and quit- claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in any- wise touching or concerning the same. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year first above written. (SEAL) (SEAL) .~ (SEAL) "Contractor" 2 , ALL that certain tract or parcel of land and premises, situate, lying and being in Middlesex Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a point on the easterly side of Oak Ridge Road 50 feet wide, at a corner of Lot No. B4; thence extending from said point of beginning along Lot No. B4, South 86 degrees 06 minutes 52 seconds East, a distance of 159.94 feet to a point in line oflands now or formerly ofDonaId Reisinger, thence extending along the last mentioned land, South 01 degree 12 minutes 24 seconds West, a distance of 162.58 feet to a point at corner of Lot No. B6; thence extending along Lot No. B6, North 86 degrees 06 minutes 52 seconds West, a distance of 167.54 feet to a point on the easterly side of Oak Ridge Road; thence extending along the said side of Oak Ridge Road, North 03 degrees 53 minutes 08 seconds East, a distance of 162.40 feet to the first mentioned point and place of BEGINNING. BEING Lot No.5, Section B, on a Plan of Lots known as Reis Acres Estate, revised September 19, 1967, and recorded in Plan Book 19, Page 33, now irnproved by a one and one-half story dwelling house with two-car garage. BEING the same property conveyed to Mortgagors by deed of Donald E. Mentzer, et ux, dated August 27, 1998 and recorded in Cumberland County Deed Book 184 at Page 492. :t> (J ~ rr:- "{ D D ~ ~ f! ---~ ~ ~ "' ==tS ~ r- t ~ ~ f ~ , r~ C) ;~~ --il (-:: I C.... -n -... -<j , r:~? :::""j '-~ en. ::::-.;: c.'